LEGAL PRINCIPLE: EVIDENCE LAW — Proof of Title to Land — Declaration of Title — Grantor’s Root of Title
PRINCIPLE STATEMENT
A party basing title on a grant must plead and prove the origin of the grantor's title unless admitted. Mere production of a deed of grant is insufficient. However, if the deed is twenty years old, the presumption under section 130 of the Evidence Act applies to recitals.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Thompson & Anor v. Arowolo (2003) NLC-1351998(SC) at pp. 51–52; Paras D–A.
"Where in a claim for declaration of title to interest in land a party bases its title on a grant according to custom by a particular person, family or community, that party must go further to plead and prove the origin of the title of that particular person, family or community unless that title has been admitted. Consequently, mere production of a deed of grant as being equivalent to proof of title when the root of title of the grantor was neither admitted nor established, is not sufficient. However, where the deed is twenty years old, the presumption under section 130 of the Evidence Act applies to the recitals contained therein."
EXPLANATION / SCOPE
Derivative title requires proof of grantor’s title. A deed alone is insufficient. The principle applies to land disputes. The rule applies nemo dat quod non habet. The 20-year presumption may assist. The principle is well-established.